FAQs in Personal Injury Claims

Here are some frequently asked questions we receive from our clients throughout the personal injury claims process.

Am I able to make a compensation claim?

If you have been involved in an accident where you were hurt and the accident was not your fault you are entitled to make a compensation claim against the person or company that was responsible for your accident.

Do you offer No Win No Fee?

Yes. We offer a free first meeting where we will let you know whether you have grounds for bringing a claim. We will also tell you how we can help you and what is involved when bringing a claim. You do not have to pay anything upfront. If your claim is not successful you will not receive a bill for the legal fees incurred.

If you win your claim the costs to you will be a maximum of 25% of your claim (past losses only). Any After the Event Insurance you have taken out to protect you.

Who will pay me if I win my personal injury claim?

The insurers of the person or organisation which caused the accident or illness will pay you compensation.

What financial losses can I claim for?

Examples can include loss of earnings, care and assistance (whether paid for or provided by family or friends), travel to and from appointments and treatment costs such as physiotherapy and medication charges. However you may also be entitled to recover other losses so feel free to ask us for further advice.

How much will I get?

We will advise you as and when we are in a position to do so as there are a number of matters that need to be taken into account such as the content of medical evidence obtained on your behalf.

Is there a timescale I have to make my claim within?

There is a legal time limit called limitation for the commencement of court proceedings. If court action is not started by that date you will almost certainly not be allowed to continue to pursue a claim. There are few exceptions to this rule. Usually, in in claims involving personal injury the date is the third anniversary of the accident or your date of knowledge of the illness you are suffering from. This time limit does vary but we at WSP would be able to help you investigate this.
This rule does not apply to children as the deadline is the child’s 21^st Birthday.

Who will run my claim?

If you come to WSP Solicitors either Demelza Pallant, Lisa Walton or John Davies will run your claim. We all have over 10 years experience in the industry, so you can guarantee you are getting someone working for you who is qualified and able to provide you with the legal advice you need. We are regulated by SRA and are accredited by APIL.

Was it an accident or negligence?

Accidents do happen, you cannot claim compensation if nobody was at fault for the accident, even if the injuries are severe. If the accident was the result of someone else’s negligence you may be able to claim for this.

Can you help with rehabilitation?

Yes this is something we can help arrange for you.

I am struggling financially as a result of an accident that was not my fault. If I claim can you get me an early interim payment to help ease the financial pressure?

Yes this is definitely something we can help with once we have established who was at fault for the accident and that person or company has accepted responsibility.

I am in receipt of means tested benefits, will this affect my compensation?

Not necessarily. We will investigate this possibility with you early on and ensure before any settlement payment is made to you that you have been protected. This may need to involve the setting up of a personal injury trust. If this is appropriate for you we will let you know.

Can you help me with the jargon I may come across?

After The Event Policy ‘ATE’: After the Event Insurance is an insurance policy taken out when you sign the No Win No Fee Agreement. It protects you throughout the claim from being responsible for any payments if the claim is not successful.

Causation: Establishing the link between negligence/breaches of statutory duty and the injury/illness suffered.

Liability: Legal responsibility for acts or omissions.

Negligence: Failing to use the appropriate level of care and competence required in the circumstances. A negligent act or omission may result in somebody sustaining an injury.

No Win No Fee (CFA): No Win No Fee Agreements (also referred to as Conditional Fee Agreements) mean that solicitors take no payment for their work unless they win the case. If your claim is not successful, then you may be liable for the other party’s legal costs, but your ATE policy will provide insurance to cover that eventuality. If you win the case, you will receive compensation and the majority of your legal costs will be recoverable from the other side.

Occupational Illness: Diseases or medical conditions which arise as a result of exposure at work to substances such as asbestos.

Quantum: The value of your claim.

Schedule of Loss: A document which sets out the financial losses sustained as a direct result of suffering injury or disease e.g. loss of earnings, travelling expenses, cost of care.

Success Fee: The fee we charge which is based upon the amount of time we spend working on your claim. It cannot exceed 25% of the damages you are awarded.

Contact our personal injury lawyers in Gloucestershire

For expert personal injury advice, please contact your local WSP branch in Gloucester, Stroud or Dursley today.